What Is A Pre-trial Diversion Program?
A pre-trial diversion program is a form of probation that allows you to have your case dismissed and your arrest expunged if you successfully complete the program. Eligibility depends on factors such as the type of crime you are accused of, your age, and whether you have any prior offenses. Different pre-trial diversion programs have different requirements, but if you qualify, it can be an opportunity to avoid a conviction and clear your record.
Who Qualifies For Pre-Trial Diversion Programs In Texas?
Texas pre-trial diversion eligibility depends on the county and the specific program available. Common programs include:
- Veterans treatment courts
- Mental health courts
- Drug courts
- First-time offender programs
- Deferred prosecution programs.
Each program has its own criteria, typically considering factors like prior criminal history, age, the nature of the offense, and whether the victim wishes to proceed with prosecution.
What Are The Benefits Of Being Accepted Into A Pre-Trial Diversion Program In Tarrant County, TX?
Being accepted into a pre-trial diversion program offers several key benefits. First, it typically involves a shorter probation period compared to standard probation options like deferred adjudication or straight probation. This means less time under court supervision and fewer restrictions on your daily life. The financial burden is generally lower, as court costs and supervision fees are often reduced.
Finally, successful completion of the program results in case dismissal, allowing for an expunction sooner than traditional probation would permit. This means the charge and arrest can be removed from public records, helping to protect your future employment and other personal opportunities.
Are There Any Downsides To A Pre-trial Diversion Program?
The main downsides of a pre-trial diversion program involve time, cost, and the requirement to admit guilt. Participants must comply with program requirements, which may include regular reporting, community service, or counseling, all of which take time and effort. There are also costs, such as program fees and court expenses.
As a consequence of being required to admit guilt, pre-trial diversion is not an option if you wish to maintain your innocence. If a defendant insists they are not guilty, they would need to pursue other legal options, such as taking the case to trial.
How Can I Increase My Chances Of Qualifying For A Pre-trial Diversion Program?
To increase your chances of qualifying for a pre-trial diversion program, you should demonstrate that you are a low-risk offender and committed to rehabilitation. Having no prior criminal history, being charged with a non-violent offense, and showing genuine remorse can all work in your favor to this end.
It’s also important to comply with all pre-trial bond conditions, such as attending court dates and avoiding further legal trouble. Your attorney can advocate on your behalf by highlighting factors like steady employment, community involvement, or a willingness to complete counseling or other rehabilitative programs.
Jonathan Lowe, founder of The Lowe Law Office, PLLC in Texas, is an experienced defense attorney and former prosecutor who has helped clients successfully enter pre-trial diversion programs over the years. His thorough understanding of Texas courts is what he draws on most to guide clients through the process, from preparing strong applications to demonstrating rehabilitation and accountability. With his strategic advocacy, you significantly increase your chances of avoiding convictions and clearing your record, as so many others have.
If you're facing criminal charges, contact The Lowe Law Office, PLLC today to explore whether a pre-trial diversion program could be the right path for you.
More than this, do everything in your power to avoid any new arrests. Having multiple offenses on your record can disqualify you. Many programs require drug testing before acceptance. Failing a test could result in immediate disqualification and loss of any application fees, so stay clean, too, if drug use is something you struggle with.
Meeting deadlines is also vital. Most programs have strict application windows, often within 90 days of the case being filed with the district attorney’s office. Missing this deadline could prevent you from participating, even if you meet all other qualifications. Consulting with an attorney early on will ensure you apply on time and understand all requirements if you’re confused or intimidated by handling the process on your own.
Simply put, a well-prepared application and legal guidance can significantly improve your chances of acceptance.
How Do You Help Clients Demonstrate Accountability Or Rehabilitation To Qualify For Diversion Programs?
Successfully gaining admission into a pre-trial diversion program requires demonstrating accountability and a commitment to rehabilitation. Each program has an application process, and the prosecutor or judge decides whether to grant admission.
A key part of the process is explaining why you are seeking diversion. I guide my clients when they write their applications but emphasize that the statement should be in their own words, not something that sounds like what a lawyer wrote. Prosecutors can tell the difference, and if they feel the applicant isn’t genuinely remorseful or serious about rehabilitation, they may deny admission.
After my client drafts their statement, I review it for clarity and impact, ensuring that nothing weakens their case. Together, we refine it to give them the best possible chance of being accepted while keeping their voice authentic and compelling.
What Options Do You Present To Clients Who Are Hesitant About The Diversion Process?
Some clients are understandably hesitant about entering a pre-trial diversion program, either because they maintain their innocence or feel the charges are unfair. In these cases, I walk them through their available options.
If a diversion program is an option, I explain the pros and cons insofar as it relates to their individual situation, including the certainty of a dismissal upon successful completion. If they choose not to admit guilt and enter diversion, their remaining options are:
- Negotiating a plea or dismissal, which may involve discussions with the prosecutor or seeking a more favorable resolution.
- Going to trial, which requires understanding the strength of the evidence, the risks of conviction, and the potential penalties.
I make it a point to also encourage my clients to carefully consider whether they want a guaranteed resolution through diversion or risk a trial where the outcome is uncertain, albeit it could result with a “Not Guilty” or a “Guilty” verdict.
Many are unaware that pre-trial diversion programs exist, let alone how they work. One of the clear benefits of working with me is that I’m familiar with the local legal system, including the judges, prosecutors, and juries you’re likely to find yourself interacting with. This means I can provide critical insight into programs you may be eligible for. Without this knowledge, you may miss opportunities that could lead to case dismissal or reduced penalties.
Still Have Questions? Ready To Get Started?
For more information on Texas Pre-trial Diversion Eligibility, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 660-7601 today.
Jonathan Lowe, founder of The Lowe Law Office, PLLC in Texas, is an experienced defense attorney and former prosecutor who has helped clients successfully enter pre-trial diversion programs over the years. His thorough understanding of Texas courts is what he draws on most to guide clients through the process, from preparing strong applications to demonstrating rehabilitation and accountability. With his strategic advocacy, you significantly increase your chances of avoiding convictions and clearing your record, as so many others have.
If you're facing criminal charges, contact The Lowe Law Office, PLLC today to explore whether a pre-trial diversion program could be the right path for you.
